Loss of use
As a "loss of use" a situation is referred to, in which an object due to a - harmful in general - the event is not available at this time. As loss of use compensation , the indemnification is called, which is paid as compensation for the fact that the use of the article during the loss of use is not possible as long as this use a non-cash asset component would have shown. The prerequisite for this is the existence of the will and the possibility of use. The main application is that in which a motor vehicle is not available due to damage caused by a traffic accident .
Loss of use represents financial loss not only in the case of motor vehicles, but also in the case of other items under certain strict conditions , which is eligible for compensation under German law on damages ( §§ 249 BGB ). According to German case law, this is the case when the use of the thing in question is commercialized, i.e. can be acquired for money. Furthermore, the thing in question must be an economic good of general and central importance for the standard of living, on whose constant availability one is typically dependent, e.g. B. in motor vehicles and self-inhabited houses. The goods that only satisfy "luxury needs" are to be distinguished from this.
In practice, it is usually a question of the fact that the owner or owner of a motor vehicle can temporarily no longer use it due to an accident (or some other illegal act ). This compensation is i. d. Usually paid for the duration of the repair or replacement of the damaged vehicle. The prerequisite for the payment of a loss of use compensation is always that a loss of use has actually occurred. This is not the case, for example, if the owner of the motor vehicle does not have the damage repaired, but claims it on the basis of a fictitious account.
The amount of the compensation is based on a table in which all common vehicles are recorded (so-called Sanden / Danner table). It is divided into groups from A (currently € 23) to L (currently € 175) depending on the vehicle type. This compensation includes the so-called storage costs (quasi the "basic costs" of the vehicle, such as tax, insurance, operating costs, depreciation, etc.) and the value in use of the vehicle. For vehicles used commercially or only for leisure (e.g. motorbikes and mobile homes) i. d. Usually only the holding costs are paid. In addition, according to current legislation, older vehicles are i. d. As a rule, make a discount on the values in the table. In the case of regularly used bicycles, compensation based on the rental price of a comparable bicycle for the period of failure is due.
See also
Motor vehicle liability insurance
literature
- Georg Bitter: Loss of value due to loss of use [de] . In: Archives for civilist practice (AcP), Vol. 205 (2005), pp. 743–794
- Bodo Herz: Compensation for loss of use for motor vehicles , NJW Special 07/2011, 201
Individual evidence
- ↑ Loss of use compensation. Retrieved March 20, 2017 .
- ↑ Lübeck Regional Court, judgment of July 8, 2011 , Az. 1 S 16/11.
